Town, city move one step closer to Supreme Court hearing

January 22, 2004

BY JAMES LEE
THE JOURNAL

    The town of James Island received a letter from the S.C. Supreme Court last week, answering the question residents and officials alike have been waiting to hear: When will the case between the town and the city of Charleston be heard.
    According to the letter from Daniel Shearouse, clerk of court for the Supreme Court, the case will be heard on an as-yet-to-be-determined day during the periods of March 2-4 and March 16-17, depending on which date is free of conflict for both the town and the city. But after the hearing, the wait for a decision will continue, said Trent Kernodle, attorney for the town.
    "Based on past experience, they obviously will not rule from the bench," said Kernodle, who doesn't expect a decision for at least another three months.
    Kernodle also said that he doesn't see any way that a decision would affect the town election slated for May 4.
    "Even if (a decision came before the election), whichever side does not prevail is definitely going to petition to rehear," Kernodle said. "At that point, you've just got to (appeal) if you've gone this far."
Kernodle said that the court will confirm a definite date in the coming weeks, and he is ready.
    "We are absolutely certain that we are going to win," he said. "As certain as you can be when you have right and motherhood on your side."